breaking news. supreme decision. president obama gets set to nominate solicitor general elena kagan to the supreme court. will there be a confirmation confrontation in we'll bring you the latest from the white house. backup plan. from a new concrete box to a possible long shot underwater, bp's latest attempts to stop the massive oil leak in the gulf. and remembering lena horne. ♪ stormy weather the legendary singer and actress passes away at the age of 92. we'll look back at her ground breaking career, early this we'll look back at her ground breaking career, early this monday morning, may 10th, 2010.

captioning funded by cbs good morning, everybody. busy morning around here this morning. >> that's where we begin. let's head over to washington and president obama's nomination of elena kagan to the supreme court. bill plante has the latest for us. good morning, bill. >> reporter: good morning. the white house says the president made his final choice last night and he called kagan about 8:30 in the evening and then the white house let the others on the short list know that they weren't being called. the nomination comes as no surprise to many people here in washington. kagan's name was at the very top of the president's short list.

elena kay began now serves as solicit tore general, the administration's top lawyer. before that, she was dean of varied law, the first woman in both those jobs. and at 50, she is the young he is person president obama was said to be considering. >> she's incredibly well respected for her ability to bring conservatives and liberals together. plus she gives the president someone who can be on the court for a quarter century and be his lega legacy. >> reporter: if she's confirmed, kagan would become the third woman on the current court and repla replace john paul stevens. justice kennedy is considered the crucial swing vote. where are kagan is a moderate with no judicial record. >> i don't think the white house is roer worried whether they can get the person through. instead they want a relatively smooth process so it's not a distraction. they need the country focused on the president's economiced a yen today rather than on large social issues. >> reporter: unlike president obama's other finalists, kagan

has never been a judge and her nomination is likely to bring protest prs conservative groups. as dean of harvard law school, she argued against military recruiting on campus because she opposes the don't ask don't tell policy. despite this controversy, court watchers expect the senate to confirm her. >> she's really well-known pie this white house, she was also in the clinton white house. they've had a lot of time to go through her paper record from her previous service in government. and she was just confirmed by the senate. so she's been under the micro scope. >> reporter: she was just confirmed, 61-31, but the tally this time might be a little bit closer because politics is going play a much larger part. harry? >> imagine that. bill plante at the white house. thank you very much. also in washington, our cbs news chief legal correspondent jan crawford and bob schieffer, chief washington correspondent and host of "face the nation." good morning, all. >> good morning. >> jan, let me start with you. why elena kagan? >> at the end of the day, she

gave the white house everything that she wanted. she's progressive, even though some people say she may be moderate, but she is a progressive, she will be a leader, she can build coalitions, bring consensus together, and she's 50 years old. so that combined with the fact that she's not going to be a huge fight is what tipped the balance to her. >> so interesting, no real paper trail, no judicial record to speak of. as i was calling through her information, it seemed she was almost as valued for her eq as her i qumt, her ability to get along with other people. >> she has both. she was a professor of mine at the university of chicago law school and she's very engaginen quite dynamic in her personality. and you see that when she's arguing cases before the supreme court. the justices really like her. you should see just it tis scolia, a conservative, and kagan going back and forth. so the white house sees that as

a real plus. >> isn't it ironic it appears the president of the united states during his state of the union address specifically chas tices the court for its decision on campaign finance reform and allowing corporations to put as much money in campaigns they want and the person who arpgd against that was elay in kay began. elay in kay began. >> she was on the side of every day americans. the problem for her and why this doesn't quite fit is that she's not really an every day american. she's upper west side new york, princeton, harvard, oxford, so she is part of that elite academic world that republicans this morning already are hammering her as a true washington insider. >> bob schieffer, as this bubbles up and people start to chime in, people talk about her being confirmable and she was just confirmed as solicit tore general, 61-31. what kind of fight do you think will ensue?tore

general, 61-31. what kind of fight do you think will ensue? >> a really bitter and vicious one. i would start by saying i think she is imminently qualified. but we're in an election year and especially toxic election year. just this weekend, you saw the very conservative bob bennett, the senator from utah, lose the republican nomination members to the right thought that he was not conservative enough. i think you will see some republican senators, moderates, giving very careful consideration to their vote on el elena kagan. a vote against her would be tea party insurance to let people know that they're moving to the right. the republican party is moving very far to the right. so i think this is going to be she may be confirmed in the end, i think she probably will, but this is going to be a very, very

difficult election year argument on capitol hill. >> because there was another candidate who was viewed as being more centrist, as being confirmable in the long run if it, for instance, there is a loss of democratic votes in the senate in this the futuin the future. the president decided this is my best card to play. you think it it will be rangrous, though. >> you're talking about merrick garland. i think most people thought he would be the most easily confirmed. the president chose not to go that way. i think the second most easily confirmed was probably kagan, but that doesn't mean it's not going to be a really drawn out and a tough fight. republicans are going to give very careful consideration to whether they vote for her. not because of her, but because of the situation in this election year. >> and as young as she is and being around if a long time. bob schieffer, thank you. jan crawford, appreciate your expertise.a long time.

bob schieffer, thank you. jan crawford, appreciate your expertise. let's turn to the desperate race to stop the massive oil leak in the gulf. so far it has spewed about about 3.5 million gallons and all efforts to plug it have failed. but now bp is hoping a long shot just might do the trick. cbs news correspondent don teague is live in venice, louisiana with the latest there. don, good morning. >> reporter: good morning, maggie. so far, bp says it has spent $350 million dealing with this oil leak and they're spending millions more every day trying to figure out a way to stop the flow of oil. another failure in the effort to stop the flow of leaking oil. a 100-ton dome placed over the leak to contain then sigh gone the oil isn't working because of a buildup of ice crystals. >> we've got more strategies to pursue with the sub sea containment system, what we've referred to as the dome. our whole focus is on containing it oil and fighting it at sea.

>> reporter: this week bp hopes to try again with a smaller dome. if f. that doesn't work, they'll try cutting the leaking pipe, then placing a new pipe over it that will redirect the gushing oil to container ships. finally, they will try to clog the well in a procedure called top kill. >> they'll take a bunch of debris, shredded up tire, golf paul, and under high pressure shoot it into the preventer itself and see if they can clog it up. >> reporter: with the first tar balls washing up on an alabama island beach over the weekend, there is even greater urgency to contain the oil slick which is hovering just offshore in the gulf of mexico. here in louisiana, officials are considering their own long shot now. they are considering using dredges to build new barrier islands that would hopefully block that oil from reaching marshes and other sensitive area ps. >> as longs as they keep trying. thank you, don.

turns out accused times square bomber faisal shahzad with a not acting alone after all. key have links to the same terrorist group that's been hiding osama bin laden. bob orr is in washington with the latest on that. good morning. >> reporter: well, for the past week, faisal shahzad's told a consistent story, that is he hasslings to foreign terrorists in pakistan. now the u.s. government says that is true. a terror group which shares turf with code and other islamic radicals is connected to the times square attack. in the hours after the botched attack, the pack is an thi taliban claimed responsibility. u.s. officialsed a first dismissed the boast. but now investigators say they have evidence conclusively linking shahzad to the foreign terror group. >> he was trained by them and received funding from them, he was basically directed here to the yubd to carry out this attack. >> reporter: sha sard, a pakistani native who became a u.s. citizen last spring, continues to cooperate with interrogator

interrogators. he claims he met numerous terror operatives, but officials say he apparently was sponsored by the pakistani taliban and that presents a troubling new threat. >> a pakistani taliban, which had been focused on pakistan, have now shown thaws they can attack the united states. >> reporter: the interrogation of shahzad has also renewed the debate about terror suspension and miranda warnings. as in the case of the underwear bomber, the fbi began questioning shahzad before reading him his rights. that's legal under what's called a public safety exception. but eric holder said officials may need even more flexibility in terrorism cases. >> i think that we have to think about perhaps modifying the rules that interrogators have and somehow coming up with something that is flexible. >> reporter: officials have still not explained what the evidence is that they have linking shahzad to the pakistani taliban, but a number of his associates are in custody in pakistan, including a friend with very close ties to terrorists. in addition, it's now clear that the unemployed shahzad clearly

had help in paying for the attack. harry? >> bob orr in washington. thanks so much. right now it's time to head to the news desk and betty nguyen who is in for erica hill. good morning, everybody. it might be good news for wall street as stock markets overseas headed to higher ground this morning. cbs news business and economics correspondent rebecca jarvis is at the new york stock exchange. >> reporter: optimism reigns around the globe this morning. take a look at how the things traded overnight. the nikkei closed higher by 1.6%, trading under way in europe and it's even more optimistic picture. the cac is higher by almost 9% and futures indicate the market will open higher by 4%. why all this positive different in the markets? greece has gotten its bailout package. $1 trillion in europe now dedicated to bail out the banks and keep countries like greece

and others from defaulting on their debts. here in the united states, the focus is also on why we saw that precipitous decline last week on thursday when the dow fell almost 1,000 points in a single session. lawmakers and regulators are looking into the cause of those rapid declines. betty? >> rebecca jarvis at the new york stock exchange. thank you. entertainer lena horne was among the brightest of american stars for 70 years. yesterday she died at age 92. cbs' michelle gielan reports. ♪ stormy weather >> reporter: lena horne, legendary singer, actress and passionate champion of civil right, spent much of her life struggling to find her place in the world. >> you've got to stick with it, you got to outdo it, outthink about, sing about, everything because somebody else will then get a chance.

>> reporter: in the 1940s, horne was one of the first black form frchlers to front a white band, and amongst the first to sign a hollywood contract. she starred in the first all black movie musical, stormy weather, the title song became her signature number. she made 22 films including more than a dozen musicals, but often only in singing parts that could easily be cut on fout southern audiences. she embraced civil rights and joined the 1963 march on washington. in a 1999 interview, she talked about her struggles with racism saying it was damm fight everywhere i was, every place i worked in new york, in hollywood, all over the world. in her later year, she received tremendous acclaim winning four grammys, including a 1989 life time achievement award. in a famous 1981 interview, she told "60 minutes" ed bradley it has all been worth it.

>> i believe in my real self now, yes. >> but it took you a while to find that. >> yes. well, some people are late bloomers. ♪ >> and dallas braden of the oakland athletics was perfect. the lefty pitched the 19th perfect game in major league baseball history beating tampa bay 4-0. and on mother's day, he got a teary hug from his grandmother who helped raise him. con grat lapgratulations to him. dave price is here, good morning. >> nice to see you, betty. let's take a look at our weather headlines for the morning. got a lot going on all across the country. first of all, the northeast so cool right now. the plains seeing really rough

weather and heavy rains rolling towardses the midwest. so to the maps we go. first let's watch what could be the most violent weather of the day, the potential for tornadoes, hail and down pours in oklahoma, texas, arkansas. this is a strong weather, are super cells possible. sections of the northern plain state, look at that moisture advance. could you s you could see delays in minnesota and into milwaukee, down into chicago's o'hare airport airport. so the afternoon could be a rough go for you. beautiful in the northeast and around the eastern seaboard. keep in mind temperatures 10 to 15 degrees below norm apwest coast looks relatively quiet with snow at elevation into the pacific northwest. about and rain right along

that's a quick look at our weather picture. people in the northeast putting the heat on last night. >> it was cold. >> in may. >> it was cold. thank you, dave. coming up here this morning, so just who is elay in kay began, president obama's pick for the supreme court? we'll hear from her former classmate and longtime friend, former new york governor eliot spitzer. also this morning, a new warning for parents about the dangers of drop-side cribs. and she is taking britain by storm. we'll talk exclusively with the great granny who could be the next susan boyle. you're watching "the early show" on cbs. depression is a serious medical condition

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back in 1977, elena kagan, president obama's choice replace justice stevens on the supreme court, was a freshman at harvard where she went on to be the first dean of the law school. her classmate at the time, eliot spitzer, went on to be governor of new york. he joins us exclusively this morning to give us a little insight. they've been friends for 30 years. we'll hear more about elena kagan from he will got spitzer in just a minute. >> announcer: this this portion of "the early show" sponsored by master card. there are some things money conditions buy. for everything else, there's mastercard. (announcer) anxious about quitting cold turkey?

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welcome back to "the early show" on this chilly monday morning. i hope it's a nice morning where are you. coming up, parent, if you still have a drop-side crib, don't use it. there's a brand new warning on how dangerous those cribs can be. >> and on a much lighter note, susan boyle better watch out, an 81-year-old great grandmother could give her a run for her money. janey cutler is the new sensation. we'll talk to her later on. but first, president obama's second nomination to the supreme court. his choice is elena kagan,

currently the solicitor general. but what is she really like and what do we know about her? these are questions a lot of americans have, so we'll put them to former new york governor he will got spitzer who has been friends with ms. kagan since their days at princeton more than 30 years ago. sorry to date you. >> i was going to say, you at the present time have to be quite so clear. >> but you've known her a long time. what can you it tell us about her going way back? >> first, she is unbelievably smart and thoughtful and careful, the qualifications, somebody who will look at every case, think about the constitutional issues and do what is right for the country. she is not from the left or the ride and that is clear from what she did at dean of harvard law school. >> she's been labeled as moderate. would you say that's accurate?

>> i would say she's thought follow and passion that the about what she believes, but very careful about what she believes. and it's hard to pigeon hole her. >> you can think of a story or anecdote? >> i have to think of one that won't cause any problems in washington, but it's typical for a friend and i going back and forth, she'd go to a spaghetti eating contest and then put a big picture on the front. it went out of business two days later, and we felt guilty, but she was the one organizing thins, smart, funny, witty. >> so could it be that she's persuasive, can bring people together, which is what the sprd hoping? >> she will get the fifth vote. to put this in in the context of the supreme court, when she is on the court and she's looking for a fifth vote because she needs to get the majority, they will argue for a perspective that will get whether a kennedy or scolia, she will be

persuasive. >> but first she has to be confirmed. it's even who are contentious, it's an election year. will there be any hurdles? >> of course will are hurdles.a it's an election year. will there be any hurdles? >> of course will are hurdles. this is partisan poll tick, but t politics, but her paper record is pristine. she has just been confirmed and everybody has degreed she's everybody has agreed she's incredibly smart and thoughtful. if she didn't pass muster, who would. >> president obama has worked with her a long time. so you can see why both of you would give such reigning endorsements. but she's never been a judge before an she's going before. can't you see that being an issue? >> disagree. in other words, not being a judge is a good thing. she has seen the world from

different perspectives. in my mind, one of the greatest chief justices in modern history, earl warren, the attorney general of california and then the governor. experience as a junk ordge or a justice is useful, but not critical. what matters is life experience. . >> people will want to dig into her personal life. what can you it tell us about her as a person? >> wlenl we go out to dinner and with friends, a lot of us who have been friends for as you pointed out over 30 years, she is funny, witty, she enjoys having a good time, doesn't take herself too seriously. looks at the world and can laugh at it the right way and say isn't it kind of amusing. somebody who is good humored, always upbeat, looks at hard problem, knows thousand figure them out. can't imagine a better more

perfect nominee. >> someone we want long term on there? >> i hope so. she's 50. she will be there for a long time and that is good stability in terms of legal reasoning, the ability to project her thoughts for a long time into the court. >> eliot spitzer, thank you so much. >> my pleasure. and conservatives are saying earl warren two? no! thank, governor. appreciate it. dave is here with another check of the weather. good morning, everyone. let's go it tto the maps. we'll go new england and we'll go through the northeast and we have some very, very chilly weather to talk about. why? h well, we have a freeze watch and warning in effect. so let's take a look at what we can expect over the next 24 hours. keep in mind that this entire area going to see well below normal temperatures. and as you head into the evening hours, number one, pets, number two, plantings, certainly in

danger. so watch it. even in may, we're talking about very, very cold temperatures. as far as our national forecast once again, we go back to the maps. we take a look at what could be severe weather rolling through sections of the southern plains, into the mid mississippi valley. and we're talking again about the threat of tornadoes, so that's a quick look at your weather picture. warmest spot probably in brownsville, texas. approaching the 90 degree mark.

miami. still cool in the northeast. thank, very much. another warning for parents. they have killed dozens of children. new warnings today about the dangers of drop-side cribs. this is "the early show" on cbs. announcer: grow lashes... grow longer... grow fuller, and darker lashes. grow? how's that possible? i'm using latisse®! the first and only

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this morning a strong and renewed warning from the federal government to parents with babies sleeping in drop-side cribs, those cribs can be dangerous even deadly. our consumer correspondent susan koeppen first broke the news of the largest crib recall in u.s. history. she's here now with more. good morning. >> good morning. just listen to these numbers. in the last five years, there have been 11 recalls involving more than 7 million cribs with drop sides. the problem, the side rail can malfunction and create a space big enough for a child to strangle. now there is an effort to make sure these types of cribs are off the market for good. >> reporter: michele witte never imagined her baby tyler's crib could be dangerous, let alone

deadly. >> that's every parent's safe haven for their child. and to see the horrific sight of him strangled was just horrifying to me. >> reporter: the 10 month old was sleeping in a crib with a drop-down side when his head got stuck in a gap between the side rail and the head board. >> i just immediately fell to my knees and started screaming. >> reporter: the consumer products safety commission says over the past ten years, at least 32 children have died in drop-side cribs and they may be the cause of additional 14 deaths. hundreds more are been injured. >> we have determined thats it is time now to stop the manufacture of drop-side cribs. >> reporter: now the cpsc is taking aggressive action to rid the marketplace and american homes of these types of cribs. >> our promise is to the parents of america that we h have a new standard this year. >> reporter: of the 500,000 cribs sold in the u.s. in 2008,

100,000 of them had drop-sides. the problem with these cribs is the side rail which moves up and down. over time, it can detach from the crib, creating a space big enough for an infant to become trapped and suffocate. >> it's taken the government foor too long to update their regulations on cribs. they need to way regulation that will protect children in the future. >> reporter: major crib manufacturers have already agreed to a voluntary ban on drop-side cribs. and some retailers like toys "r" us no longer sell them. but the federal ban will be far reaching. removing drop-side cribs from store, hotels and daycare centers. >> we cannot have a crib that takes the lives of infants out there on the market. >> and if you do have a crib with a drop-side, make sure it hasn't been recalled. you should check your crib very carefully, stop using it if it's been recalled, or if it has loose or missing parts.

and the cpsc says it will continue to investigate drop-side cribs that are still on the market. >> we've done this segment so many times before. it bears repeating. show folk what is happens when one of these things malfunctions and endangers the life of a child. >> this is an actual recalled crib. with with n. this case, the hardware is plastic and it would break. and so this side rail would come apart, it would detach, and the child could slip into this crack and actually suffocate. in some cases, parents have actually tried to fix the side rail because it was broken, those fixes have failed, and the children have died in those cribs. and, also, this is what happens with cribs. they get passed down from child to child, they're sold in secondhand stores, you may donate a crib or give a crib to a family member or a friend. the older these cribs get, that have that side rail that goes up and down, more prone they are to breaking and having a malfunction with that side rail.

>> all right. very good advice. thanks very much, susan. up next, the ledgendary brings laughs and high ratingses to "saturday night live." we'll take a look. tead of drinking old office coffee, "know it all" made a cup of premium starbucks via. "know it all" shared it with "single and loving it!" who made a cup the next morning for "ladies man" as he was rushing out the back door. he shared it with "blondes have more fun" and "fiery redhead," who, after finding out about each other, shared starbucks via with their new boyfriends, "firemen keep it hot" and "drummers rock," who called his friend "know it all," who said he already knew about it. premium starbucks via ready brew. now available wherever you buy groceries. ♪ now available wherever you buy groceries. it can be tough living with copd... but i try not to let it slow me down. i go down to the pool for a swim... get out and dance... even play a little hide-n-seek. i'm breathing better... with spiriva. announcer: spiriva is the only once-daily inhaled maintenance treatment

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this may be a sign of a rare but serious side effect. my dad learned the hard way. but you may be able to do something. [ male announcer ] have a heart to heart with your doctor about your risk. and about lipitor. welcome back. saturday night, "saturday night live" had its best rating since the election of 2008 and that's because of two words. betty white. >> live from new york, it's saturday night! >> i didn't know what facebook was. people say, but betty, facebook is a great way to connect with old friends. well, at my age, if i want to connect with old friends, i need a ouija board.

♪ >> what hands when people retire and crime doesn't? it's csi sarasota. >> i'm not too old for [ bleep ]. >> if you didn't love betty white buff, which we all did, do you now. 500,000 facebook fans got this petition going to get her to host "saturday night live." >> she was hilarious. >> and it was funny because she took a swipe at facebook and said it's a complete waste of time. >> which is what makes her so funny. she can say that kind of stuff and just be so endearing. and you can see her experience because you see like the pros, the old saturday night live veterans, and then you see her. and they're almost at the point of laughing and she is unflais

unflappable. >> her timing wass eperfect. >> wh rememb rememb >> betty white had a small role in the movie, she was scheduled to come on the show, came bursting on the screens, tore the place to smithereens. >> we love betty. bring her back as often as you like. like she said, 88 1/2 years old. >> and jay-z is the entertainer. >> no kidding. well, coming up, you'll meet an 81-year-old who is also pretty spectacular when she took the stage. don't go away way. we'll be right back. [ female announcer ] did you know the snuggly softness from snuggle

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exuberance. >> no, i think you're using the wrong term. i think freezing is the term you were looking for. chilly here. >> that's why they're on excited. >> welcome back to "the early show," everybody. big amazing race fans. >> amazing amazing race. >> whatten e ean ending. >> it was brother and brother,

and the piouses came out on top just beating the mccoys. we'll hand out a check for a million dollars. >> it was a great season. also ahead, the war of words between lindsay lohan and her father heating up this morning and michael owens' attorney to explain exclusively what he's asking the judge to do. sgl sgl >> and the new sensation from the uk, an 81-year-old grandmother. there she is. >> i want to see her where he is se mess sell bretty white. but first let's go inside and say hello to betty guy an.betty. but first let's go inside and say hello to betty guy an. president obama's second nominee to the supreme court is

a former colleague and the first woman to serve as this nation's top lawyer. elena kagan. bill plant has the details. >> reporter: kagan got the call from president obama about 8:00 last night. when the news began to leak out, it came as no surprise because her name was at the top of everybody's potential list of nominees. kagan is the solicitor general, the nation's top lawyer. and before that, she was the dean of harvard law school and she was the first woman to hold either of those jobs. she's 50 years old. and in supreme court terms, that's really young. if she's confirmed, she could expect to be on the court for decades. kagan has never been a judge, though. she would be the first nonjudge nominated to the court since william rehnquist about 40 years ago. and that lack of experience, along with her position against military recruiting on the harvard campus when she was dean there because of her opposition to don't ask don't tell is

likely to be the focus of conservative opposition. there's even a little bit of liberal opposition from people who don't think that she is progressive enough. however, the white house expects that she should be easily confirmed. she was confirmed for her job as solicitor general 61-31 in the senate. it's likely to be a little closer this time, but the white house thinks she'll make it. >> cbs' bill plante at the white house this morning. thank you. escalating violence in iraq this morning. the worst, a double car bombing south of baghdad that killed at least 40 people. other attacks across iraq today were aimed at police and soldiers. in all, about 75 people have been killed. the economy may be turning around. a new report out this morning finds the number of late mortgage payments has dropped. it is the first drop in delinquent mortgage payments since 2006. trans union, the credit reporting agency, says the 60 day delink defense city rate dropped to 6.77% for the first quarter.

that is down from 6.89% in the previous quarter. katie couric has a preview of tonight's "cbs evening news." good morning. a heroic decision thousands of feet in the air. meet the texas woman who was plummeting to the ground when her parachute didn't deploy. and the vanker who came to her rescue and lived to tell the tale. that's "assignment america" tonight only on the "cbs evening news." now back to "the early show." and we want to take you back outside now. dave price has another check of the weather. good morning, dave. good morning. you can see people have dressed up here to take the cold on full strength. there's some fleece, this guy has like a hat on, this girl's got a jacket on, a second layer of sweater on. all right. this dude has got some issues, though. this is really taking it to an extreme. if you're heading to the office, i would urge you no matter what do you, don't wear alligator.

let's see what is going on all across the country, shall we? let's go to the maps. it is chilly here in the northeast, 10 to 15 degrees below normal. look at these temperatures, 57 degrees in boston as a high today, 55 in buffalo, 60 here in new york city, and winds running 5 to 15 miles per hour, so a little cooler. watch for rough weather as we head into the southern plains and mid mississippi valley. tornados are possible. keep an eye out and listen to your local authorities in the event that you get a warning or a watch. and, again that's a quick look at our national maps. west coast relatively quiet. northwest showers and snow

>> announcer: in weather report sponsored by saab way restaurants. subway now has breakfast. build your better breakfast, only at subway. that's a quick look at your weather picture. charles can yell at cbs 42 in birmingham, thanks for the local cut away. we'll send is it it back inside to you. it is 8:06. this morning a battle brewing in hollywood as wlind zi lohan's estranged father refuses to give up. michael lohan wants a judge to order her into rehab. but lindsay and her mother have stated publicly that there's no need because she's clean and sober. behind vi is currently on probation for a dui conviction in 2007. joining us exclusively this

morning from los angeles with details of a letter that michael lohan has just sent to a judge overseeing lindsay's case is his attorney, cbs news legal analyst lisa bloom. good morning, lisa. >> good morning, maggie. >> so michael lohan, your client, has sent a letter to the judge overseeing this case asking what? >> i sent a letter on michael's behalf asking that in the event that lindsay is in violation of the term of her probation, namely that she attend weekly alcohol education classes, then michael would like the judge to order her into a residential rehab program. and he's done extensive research behind the scenes and found a program that he thinks would be the best for her. it's close to her family in long island, the family could all participate in family therapy. she could be given appropriate treatment for what he thinks are her problems, namely prescription drug abuse. >> you say that you're asking a judge to do this if lindsay is in violation of her probation. she says and her mother says that she is not in violation of probation. how will a judge decide who is right on this? >> well, it's a simple matter

and we have credible sources that she has missed a couple of classes. the judge's order was very clear that she had to attend once a week. the alcohol education program will submit a report to the court as to whether she's in violation or not by the next hearing date which is may 20th. but we know that behind the scenes the judge and the attorneys on both sides are already operating on the assumption that she is in violation and the judge is deciding what to do in the event that she is in violation and that could include incarceration. michael lohan does not favor incarceration for his daughter. instead, he wants her to go to rehab. >> is it unusual for a father to write an unsolicited letter on behalf of his estranged daughter? how will a judge weigh this? >> no, i don't think it's unusual at all. family members weigh in frequently when a close family member, a defendant, is facing sentencing or facing additional terms of their probation. we saw that in the celebrity case recently where michael douglas weighed in in the sentencing of his son. and michael and behind vi do have a relationship.

they text and they do speak to each other occasionally and he loves his daughter very much. for his short comings and high school his mistakes, he loves his daughter and he wants the best for her. >> a lot of people say he's out for money. how do you respond to those critics? i'm glad you raised nap there are a lot of lies. he's never asked for a dime and he's never received a dime. he's not seeking to control her estate. if you read the letter that we wrote on his behalf, he's asking that she be ordered to residential rehab. he certainly wouldn't get any money from that. he's also asking if the judge does not see hit for order that, that she be sunbjected to rando drug testing. >> lisa bloom live in los angeles for us this morning. thank you so much. >> thanks. up next, new hope for a deadly disease. you're watching "the early show"

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in "health watch," new hope for patients with terminal brain cancer. thousands die from it every year. here with news of a promising new technique to fight the disease is our dr. jennifer ashton. good morning. >> good morning. we went to pittsburgh for a firsthand look at an experimental procedure that could become a break through in the treatment of brain cancer. john and betty are in the fight of their lives. last october, john was working in the yard when he began feeling lightheaded and passed out. suffering a severe seizure, he was rushed to a local hospital. >> they told me i was out for about an hour and a half. >> reporter: after performing an mri, doctors diagnosed the 55-year-old former insurance salesman with a glioblastoma, a

typically inoperable form of deadly brain cancer affecting 10,000 to 12,000 americans every year. >> my attitude was game on. >> reporter: with aggressive treatment, the average life expectancy is only 13 months. >> there was times when he had the swelling from the tumor in his brain that he got so weak that he couldn't -- he'd fall. >> reporter: after several ineffective rounds of radiation and chemotherapy, neurosurgeons approached them with a new type of operation. it sfechk lspecifically targets tumors and removeses them with minimal risk to parts of the brain that control memory and speech. >> it's kind of like that miracle that we've been praying for. >> reporter: patients are given an oral medication that highlights affected areas when illuminated with ultraviolet light, enabling surgeons to more effectively remove cancer cells undetected by mris.

>> what we're trying to do is to change his out look. >> reporter: the director of neurosurgical oncology at allegheny general. >> turns out that the stuff that looking perfectly normal under the surgical microscope, a lot of it is tumor. we can't know that until we had the drug. >> reporter: after the four hour procedure, doctors are cautiously optimistic. >> we did prolong the operation, but we also took out probably another 20%, 30% of the tumor. i'm hoping i'm buying him an extra five months. >> reporter: precious time to spend coaching his granddaughter's soccer team and with his be loved wife of 32 years, betty. >> i just feelts like this was god saying this is your miracle. >> as long as i'm breathing and fileding, i got the chance to beat this thing, you know. life is not measured by the number of breaths you take but by the number of times your breath is taken away. >> john is doing very well following the operation. there was some swelling, but doctors are confident they removed as much of that tumor as

possible. >> so interesting to see. so the color literally change ngs the brain so when the surgeon is in there, he sees what's really tumor instead of what he just thinks is tumor. >> exactly. it looks red under the uv light and what's important to remember is when a surgeon is doing a cancer operation, you want to get as much as you can out, but you also don't want to remove healthy tissue. and that can be difficult because this tumor invades the brain tissue in a way that makes it very difficult for neurosurgeons. >> who can get an operation like this? >> it's just for patients with glioblastoma, a specific type of brain cancer, and it's only being done at four hospitals in the u.s. we'll put that on the website. and the hope is that in the neurosurgical community that this procedure might gain further support and eventually become fda approved, but we're a long ways from that. >> very interesting stuff. thanks. still to come, the october gentleman theirian who stunned the judges and the audience alike on britain's got talent.

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of since susan boil stunned the world a year ago, we've heard other sinkers described as the new susan boyle. but 81-year-old janey cutler really merits that description because she also was an unknown from scotland who surprised everyone once she began to sing. ♪

>> janey cutler with a big smile on her face joins us exclusively from london. good morning. are you still on cloud nine after that performance? it must have been wonderful, because when you started to interact with the judges before you sang, it seemed to us watching as though they didn't expect much. and then you started to sing and they sat up and the crowd went wild. what was that moment like for you? >> to be truthful, i don't know. >> is it a blur, did you forget? >> pardon? >> did you forget, did it all kind of happen -- it's all a

blur now? >> don't remember enough to be truthful. i just went and sang my heart out. >> you have six children, 12 grandchildren, four great grandchildren. tell me what they think of your performance and your sudden success. >> well, they're very proud of me. they really are. and all my friends, too. >> you are hysterical. you know, people are calling you knew bo, the new boil. do you like that boig oig? h do you like being compared to susan boyle? >> i'm on my own, dear. i don't compare myself to anyone. >> you need to come visit ugs.

you seem like you're good fun. did you have any professional training? >> the good training i had when i was young was the salvation army as a 6-year-old. >> and you're still singing at pubs and clubs? >> i started singing about 30 or 40 years ago since i was only a child. and it was just at my usual friendly clubs that i went to. and someone put my name up to sing there and that was that. >> well, we're so glad you're still singing. >> i'm still singing. >> and we wish you well in the competition. thank you so much. >> thank you, maggie. >> our pleasure. isn't she delightful? >> i'm just getting the translation from craig ferguson

right now. >> we'll put that on the web as soon as we can. i just take it that she's happy. it's great. i eat anything that i want.

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great crowd on the plaza and we've got -- what a finish in the amazing race, right? brothers against brothers. >> the hatfields against the mccoys. >> something like that. welcome back. >> coming up, we will officially crown the winners and hand over a cool million dollars. two happy and deserving brothers. also you're giving your house a spring cleaning. probably not a bad idea to which you your pet in that list, as well. dr. debbye turner bell is here with easy ways to spruce up

fido. >> and i imagine the answer to this question not so healthy. what do you eat when no one's watching? be honest. we'll hear from some bloggers and actually reveal some of our own secretses. i'm kind of saycared of what maggie eats alone. >> what's scare have i that i eat alone whether i'm preg nantsd or not. but first let's turn to dave for a final check the weather. >> nice to see you guys. that's very kind. we have a lot of friends pfrom ontario, canada. you're just north of detroit. >> yes. >> so if you happen to be in sardia, we wish you a good day. let's take a check of the weather. it's chilly in the northeast, in new england it will be a cold one today, very pleasant in the

southeast. as we head to the southern plains, watch it. we have the potential for tornado activity. it is going to be a day filled with some strong storms rolling through. watch it in places like oklahoma, even nebraska, sections of missouri. we'll keep an eye on all of that activity through the day and in to tonight for you. west coast, as we head to the northwest, you're taking a look at shower activity. and at elevation, higher elevation, even some snow showers. watch as you head lieu sections of the great lakes today as we'll see some rain begin to advance and that could trigger some delays at the airports. that's a quick look at the national maps. here's

izod is making a tremendous resurgen resurgence. no, it's not izod, it's hostos community college. thanks for visiting 37. >> nice hat. another great season of the amazing race ended last night after a worldwide chase that began with 11 teams an finished d finished in san francisco. it came down to which team could maneuver through a maze quicker. finally they had to get to candlestick park, home of the 49ers, for the touchdown of their lives. and a million dollars. >> 23 days, five continents, 40,000 miles. dan and jordan, you have won the $1 million and you are the official winners of the amazing

race. congratulations. >> and here are the first place winners, brothers dan and jordan pious from barrington, rhode island, and the second place team, cowboys jet and cord mccoy. also brothers. welcome. >> thank you. >> it was so interesting to watch the two of you through this whole thing. there were times when your relationship was almost bigger than the story of your competition. >> it's true. i think that that's very accurate. jordan and i are closer than any brothers could be. but our bond is unbreakable. and this race certainly proved that for us. >> you were very emotional at several points. >> yes, i was. i think a lot of people were remembering whether i wasn't breaking down at the finish line, but i think i had gotten my crying out prior to that

moment. my nerves were -- >> the tears were dried up. >> did and you have game plan? because in order to play this, there are some teams that will win a lot. and maybe not win at the finish line. what was your philosophy or what was your game plan? >> basically going into it, we said we'll kind of fly under the radar, we're not going to be seen as a huge threat. once we avoid those u turnses, we'll pick up our game. so it wasn't about finishing first in every leg, it was about not getting eliminated and continuing to stay alive and the only leg of this race where it really counts to come in first was that last leg. >> apparently so. let's talk to the mccoys. you guys had so many great segments. segments where you just so clearly kicked butt, out smarted, out played, out ran, sort of out-everything. what was your game plan? >> i think our game plan going in, cord and i talked about that, and it's funny because our

game plan was really the same game plan we have every day. and that was just do our best. >> all the time. >> regardless of what we faced, just taking it one step at a time. >> do you think people underestimated you? >> i think a little bit. >> i did. >> by the second and third leg, we noticed people followed us and jet and i were almost ducking to stay away from people following us. but i think people realized that jet and i kind of knew what was going on and were good at traveling and going different places. so i feel blessed just to run the amazing race and it was quite an honor. >> talk about that a little bit. dave and i got to do a leg a couple of years ago. and just to have that 48 hours of competition and the notion of what you see and where you get to go, nobody -- almost nobody in the world gets to do what you all get to do. what was that like for you? >> it was in-describable.

i told somebody at home it's kind of like having kids. there's no way for me to explain it you what it's like having kids until you've had them. and that's the way with the race. the pictures and the scope of this race, it was just -- the word amazing has been overused. >> i'm looking at your buckles. i don't see amazing race buck buckles. >> they don't give out buckles. >> i heard you talking about it. certainly there would be hike a second place buckle or something like that. was there a leg for you that you'll always remember as sort of the definitive moment in the race? >> well, i think the last leg certainly takes the cake. maybe that's just because of the ultimate result, but it was super cool for me being such a good sports fan to end at candlestick park. >> because you nailed it as soon candlestick park. that for me.

like that. but just we walked right through the 49ers locker room. it was incredible. it's something i'll never forget. it's screen saver paradise. >> exactly right. was it harder than you thought it was going to be? >> i think it had its challenges. just like different days in life, you don't know what to exact and definitely every time you open up another envelope, it was opening up another chapter of "the amazing race" and what it's going to be. and you can definitely feel your heart beating when you rip that envelope up know wlag the next challenge will be, what the next location is going to be. and what you're going to see next. >> what were youening when he was talking about that? >> this h entire experience for me has just been a dream. the first clue i got was just the beginning of this amazing journey and i was like give me more envelopes, let's continue

this journey, let's see more places. >> well, it was mother's day yesterday. i'm not sure if you're aware of that or not. and we found your mom hiding around here someplace. we just thought we would bring out your mom to -- come on up. >> she said she didn't want to be on tv. >> yeah, right. that lasteded a long time. >> and let me tell you -- >> no, no, excuse me. this is how do you it on tv. this way. so there you go, guys. that's the real deal. >> h is for you and i want to thank the both of you for making my mother's day the best mother's day i've ever had. and you just did -- you did a if a mom naturphenomenal job. and i'm redefining love because this is not my comfort zone. >> really great. we really enjoyed the series. thanks everybody for coming on

this morning. congratulations. >> thank you. >> you did it, mom. nothing to it. now here's maggie. it's spring cleaning time. while you're organizing drawers and cleaning closets, this is the perfect time to spruce up your pet. here with simple tips to help make your pet look good and stay healthy is early show contributor debbye turner bell. >> and the key is to keep them healthy. >> because a lot of people don't realize that brushing your dog is a key to overall health. why is that? >> absolutely. if you look here and this is nova, and he does need a home, but if you look behind me, there's a big mat of hair. the mat traps dust, dirt and moisture which can then cause bacteria to grow, can cause skin in-peks. >> so how often do you want to brush? >> depends on the dog, but if you have a really thick double coated dog with a lot of hair,

you want to brush every day. and it's important to start at the base of the hair, so if they have really thick hair, you want to separate the hair, start right at the skin, and then go down. so you get down to those mats and pull the tangles out. and if you start when they're young, they get to where they really enjoy the grooming and it will keep their skin very healthy. >> you can overbrush? >> you can. for dogs that have shorter hair, you don't need to brush them every day. a couple times a week or once a week might be good for them. a nice moist cloth, just wiped over is all you need for them. >> what are all these brushes for? >> you want to match the brush to the type of hair. so if you have a double coated dog, you want to get a nice comb that will get down to the skin. if you have a dog that has thin hair, then you want to use a brush so that you don't irritate

their skin. so talk to your groomer about the right implement for the dog. >> bathing, how often should you bathe a dog? >> they have natural oils that protects their skin. and so bathing once a week if you have a dog that's active, that's out in the woods, running with you, swimming, that kind of thing. for many that don't get that dirty, a couple times a year. >> can i use baby sham should you shampoo is fine because you want to stay away with dyes and perfumes. and you don't need a conditioner. >> let's move on to nails. you can do it wrong. >> you can. they have an abundant nail supply. you can see where the blood starts. so you want to be careful that you don't clip down into that. if you've never clipped your dog's nails, have your veterinarian or a groomer help

but that. and we have all kinds of the clippers. just clip a little tip off to get the sharp edge off. and they also have that product out that files the nail down. so if you're afraid that you'll clip too far, you can use this little file. i'm not going turn it on because it's really loud, but you just put the nail in there. and it will file down very gent gently. i've heard varying reports on how effective it is. the other thing i want to demonstrate is the ears. >> it looks clean and pink. >> and do it on this side. there's no dirt, no wax. that's how a dgog's ears should look. and you shouldn't smell anything. so you just want to get a nice ear wash. they make plenty of them. soak a cotton ball with it and just wipe it out.

>> no q tips? >> no q tip. that's a little too small. you wouldn't do a big cotton ball and just wipe out the outer part. if it needs a deeper cleaning, take to a vet. >> let's go to the tooth brushing. >> this is lucky and i'll use the finger puppets. you should, first of all, they need to be professionally cleaned at least once a year, and brushed at least once a week. use a doggy tooth brush and all you have to do is put it in there, right under the lip. you brush a little bit and it can prevent heart disease, liver disease, kidney disease. bad teeth can lead to a sick dog. >> thank you so much, doggies and debbye. for more of debbye's dog grooming tips, go to

earlyshow.cbsnews.com. so what do you do when no one else is looking? what do you eat? we asked some foodies to fess up and you may be surprised by their answers. >> this is a shameful admission on my part, but my one secret craving and the food that i eat completely alone and i never let anyone watch me eat is a bologna sandwich. >> if i'm cooking for other people, i feel an obligation to have a protein, venlgable. but if it's just me, my favorite thing to cook for myself is spaghetti carbanara. >> i have a crazy cravings for center cut porks. >> pork has really no place in this house, so when i leave, that's when it find as place in the house. >> i think you can tell a lot about a person based on what they eat. this is fermented soybean, so i'ming for to drop these

scallions in. as you stir about and it's got a little bit of a pungent smell like cheese. and a very slimy texture. so something that's definitely an acquired taste. >> ever since harper was born, i pretty much have never been alone for a meal. we've been trying pigs in a blanket. this was her first day eating those. i keep trying to get her to eat mac acheese and cheese since th favorite food. >> chef deborah madison has heard it all. she's the author of what we eat when we eat alone. what was the most important thing you learned? >> i think really the most important thing we learned in the end, because i wrote this with my husband, is even though you want to kind of eat lots of weird things sometimes, in the end, you want to have a sense of self respect.

but there's a difference between once in a while and every day certainly. >> so what do you have is this. >> these instant noodles. >> ramen? >> a little bit of an upgrade. these are the spicy kind. takes three, five minutes to make. that's i didn't love this. >> what do you think that reflects about betty? >> other than i'm asian. >> i try to order a big salad when i'm by myself. i always keep a rotisserie chicken in the fridge. but it's peanut butter. it's all about peanut butter to me. and it ends up being the sort of -- >> go-to. >> and i hate to tell that you you're not alone.

probably peanut butter and variations on peanut butter are probably the most common responses we got. and peanut butter is great, i love it, too. >> there are times when you just go right into it with the knife, right? >> or a spoon. well, i eat doritos and onion dip, but it has to be from lipton unonion soup mix because when i go a party, this is my favorite thing. >> you must go some fancy parties. and another reason i eat it only alone is because my issues allergic to dairy and cheese, so can he never ha he can never have it with me. and this is once maybe a year that i -- >> once a year. >> in the pregnancy, once a month. but in real life, once a year. >> and there are times when do you that. and one thing we did find is that a lot of people reserve foods that they like that their spouse doesn't like. like men, for example, might like blood sausages. something that their wives won't

eat. >> exactly right. >> what is that, dave? >> these with withasabi covered peas because i'm also asian and these are just plain tortilini, they're chew city, and i love bread and butter pickles. what does it say about me? >> you're pregnant. >> dip tpick kelle in the dip. >> why don't you want some cheese on that? >> it's just simple. just whip it up, it sticks together. >> so that's what you like, the sticking together. you wouldn't share this with somebody else or have them over to have this. >> that's right. >> should you check out deborah madison's book because there are all kinds of recipes and it's all really terrific. we'll be right back. you'

a big weekend outing with the gang, staff from the cbs "early show" went to the new york mets game. >> my first game. >> that was our executive producer hiding. you wouldn't need me. come on. >> you look very cute. >> there's bob meyer, our overnight guru. that's how big a staff we have, 55,000 people actually. there's see cohen and i think his girlfriend there. and there we go, there's some other great staffers we have. >> is that lindsay? >> i think it is. >> there's laura. >> how did you get that many people to show up? >> the vice president of baseball gatherings was the

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